Talespin: It goes beyond not smelling right

Something goes beyond not smelling right with the sidewalk deal at Freedom Square, and that is backed up by Planning Department head Bill Dunne getting suspended for a week without pay.

For starters, J.R. Casale is the contractor for a bunch of work funded by the annual Community Development Block Grant money given to the city by the federal government. That money is earmarked for certain projects within department of Housing and Urban Development guidelines and approved by the Council. In other words it's not $2.2 million of unrestricted aid.

Well, Casale set up shop outside Freedom Square and ripped up the sidewalks. Councilman Mark McGrath, R-District 2, who is no fan of the Sanctuary of Independent Media, the non-profit that operates the park, noticed the work and started asking questions.

Then the fingers pointing started.

First, McGrath said Dunne told him Mayor Lou Rosamilia signed off on the project. But, even if the mayor did, it would have mattered little because the project would have had to have been approved by the Council as part of the CDBG package. Dunne, who was overseeing the CDBG money until it was taken away from him, should know that since he served on the Council for eight years.

Then, Dunne said, the Sanctuary asked for some help so he reached out to Casale, who said he would happily donate his company's services and ripped up the sidewalks. However, Casale said, he pulled out when he discovered the Rev. Willie Bacote, of AME Zion Church -- which is located across the street from Freedom Square and uses it for a number of activities -- wasn't of the same Catholic persuasion as his.

Now, I remember a few years back, covering what was a disaster of a Water District 14 project in North Greenbush where Casale was the contractor and where he lives. I find it hard to believe Casale would donate anything to anyone and harder to believe he would donate anything to a left leaning group of artists in North Central Troy and a black preacher from South Carolina. Not that he's racist, donating stuff is just not his style.

But, that's just a hunch from someone who has been around contractors and government for a while. And just to clarify, Casale pulled out after McGrath started asking questions about funding.

So, now what happens?

Dunne is suspended for a week because he says he didn't inform his bosses -- Rosamilia and Deputy Mayor Pete Ryan -- about brokering the volunteer work. The sidewalk is still ripped up and now the city is taking bids to finish the work. I'm not sure how to describe that bill, maybe an unfunded mandate? Either way, it's not in the budget.

If Casale was indeed donating the work, more power to him. I spoke with Bacote last week, and he said he informed Casale his church is in fact under the Catholic religion umbrella and that everything is smoothed out between the two. Casale "voluntarily" dug up the sidewalks at Dunne's request so now Casale should "voluntarily" go back, set the forms, pour the concrete ... and pay for it.

McGrath did the right thing by questioning the work because, as he said, it could have put the entire $2.2 million CDBG funding package at risk. It would have been interesting, however, to see what would have transpired if he sat on it for a few weeks to see if Casale was paid out of CDBG money.

Workers' Comp claim

Speaking of Bacote, he was ordered to pay back more than $13,000 he, according to a judge, inappropriately collected from the state Department of Labor in the form of Workers' Compensation because of a back injury suffered while working at the Troy Housing Authority.

In her decision, the judge relied heavily on surveillance video that showed Bacote moving pretty heavy stuff -- like a refrigerator and furniture -- at his church even though he claimed he could not lift more than 10 pounds at a rip because of his injury.

Obviously, the judge didn't think the reverend's claim and reality added up so he has to pay back the $6,695 he got in workers' comp and another $6,695 in penalties.

As a couple asides:

n Bacote recently announced he was leaving Troy and is heading back to his native South Carolina within a year.

n The reverend was let go from his THA job around March 25, 2011, shortly after Executive Secretary Dan Crawley took over, because Bacote didn't live in a THA complex, which was a requirement of the part time, $10 an hour job. The fall that led to his workers' comp claim happened on March 8 of that year. At the time of his dismissal, Bacote said he was given no advance notice of his termination.

n Crawley and THA Board Chairman Jay Vandenburgh had no comment on the matter.